People v. Thompson

765 N.E.2d 1203, 327 Ill. App. 3d 1061, 262 Ill. Dec. 595, 2002 Ill. App. LEXIS 162
Procedural entryThis page is a short order in People v. Thompson. Read the opinion of the Court — 285 Ill. Dec. 696
Appellate Court of Illinois·Decided March 8, 2002·No. 2-00-0939·Published

Opinion

JUSTICE O’MALLEY

delivered the opinion of the court:

After a jury trial, defendant, Wayne Thompson, was found guilty of the unlawful delivery, while on a public way within 1,000 feet of residential property owned, operated, or managed by a public housing agency, of less than one gram of a substance containing cocaine (720 ILCS 570/401(d), 407(b)(2) (West 1998)) and sentenced to 10 years’ imprisonment. On appeal, defendant argues that the trial court improperly allowed a public housing security manager to testify about the ownership of the property near the site of the narcotics transaction. We affirm.

A first trial resulted in a mistrial after the jurors reported that they were unable to reach a verdict. During the second trial, the State’s first witness was Ivan Martinez. Martinez testified that he was employed in the technical investigations unit of the Illinois State Police and was responsible for assisting investigative agencies using audio and video equipment. On October 10, 1998, Martinez installed video recording equipment in a vehicle that Sergeant Mark Fritz would be using to conduct an undercover drug operation. Martinez tested the equipment, determined that it was working properly, and inserted a new tape in the machine. After the equipment was used during the October 10 investigation, Martinez retrieved the tape from the machine and gave it to Inspector Andrew Montalbano.

Montalbano testified that he was employed with the Roscoe police department and assigned to the State Line Area Narcotics Team (SLANT). On October 10, 1998, he received the tape from Martinez and viewed it. The tape contained about one hour of video of Fritz meeting with people on the street. Montalbano placed the tape in an evidence vault.

Fritz testified that he was employed with the Illinois State Police and assigned to SLANT. On October 10, 1998, he was assigned to purchase drugs. Fritz was dressed as a contractor and rode in an unmarked pickup truck equipped with hidden video recording equipment.

At about 4 p.m., Fritz went to the Blackhawk housing development. He explained that the streets in the Blackhawk development were more narrow than public streets and that houses across the street from each other were about 25 feet apart. Looking for people who might be willing to sell drugs to him, he drove around the development. Fritz explained that, if he nodded his head or waved at a person and the person waved or nodded in return, then that person was probably interested in purchasing or selling drugs.

When Fritz arrived near 1403 Birch Court, he saw a man, whom he identified in court as defendant, sitting in a brown vehicle parked on the street. As Fritz drove past the other vehicle, he nodded and waved at defendant, and defendant nodded back. Fritz turned his truck around and came back to defendant. Defendant exited his vehicle and instructed Fritz to park across the street from 1403 Birch.

Fritz showed defendant his money and told him that he was “looking for a twenty,” which means a $20 rock of cocaine. Defendant walked to 1403 Birch, opened the door, and said something like, “You got a customer out here.” After about one minute, defendant returned with a woman. Defendant stood near his car while the woman walked to Fritz and made the delivery. Fritz went to a designated location, met with Inspector Denis Reser, and gave him the item that he had just purchased.

Fritz explained that, after making purchases like the one on October 10, 1998, he would show the video to police officers assigned to the area where the purchase took place. If an officer was able to identify the person on the video, then Fritz would view a jail photo, if available, to confirm whether the named person was the individual who sold him drugs. Fritz testified further that he met with defendant after he was arrested and believed that defendant was the person who arranged the October 10, 1998, sale on Birch Court.

Reser testified that he was involved in the undercover operation on October 10. After returning from the Blackhawk housing development, Fritz handed Reser a plastic bag containing a tan-colored rock substance. Reser placed the item into a plastic evidence bag and sealed it. Both Reser and Fritz initialed it. Reser transported the item to the police department and placed it in an evidence vault. One or two days later, Reser transported the item to the Illinois State Police crime laboratory and gave it to Kelly Smitley.

Paul Hackerson testified that, for the previous two years, he was employed by the Rockford Housing Authority (Authority). He was the head of security, and his responsibilities included the Blackhawk housing development. According to Hackerson, the Blackhawk development was owned by a public housing agency. Over the previous two years, Hackerson visited the Blackhawk development at least once a month. He prepared a diagram, based on the original blueprints prepared by engineers, of the eastern portion of the development and testified that the diagram accurately represented the layout of the development in 1998. Hackerson explained that one of the purposes of the diagram was to help the police officers in his unit locate homes in the development. According to Hackerson, 1403 Birch Court was on property of the Authority, and the street adjacent to it was about 30 feet wide.

During cross-examination, Hackerson acknowledged that he did not have a background in surveying or civil engineering and that he never surveyed the Blackhawk development. Although the Authority issued Hackerson a set of records showing the ownership of the Black-hawk development, he was not the keeper of the records. After cross-examining Hackerson, defense counsel attempted to object to his testimony. The trial court instructed her to make her objection outside the jury’s presence.

Kelly Smitley testified that she is a forensic scientist employed by the Illinois State Police. After explaining her qualifications, she testified that she chemically tested the substance she received from Inspector Reser and determined that it contained cocaine.

After the State rested, defendant argued that the State failed to lay a proper foundation for Hackerson’s testimony about the ownership of the Blackhawk development and, as a result, failed to establish that the offense occurred within 1,000 feet of property owned by a public housing agency. Accordingly, he sought a directed verdict. The trial court found that Hackerson was qualified to testify and therefore denied the motion. The court also admitted, over a defense objection, the diagram of the development. The diagram does not expressly state who owns the development. “Rockford Housing Authority” is printed on the lower right corner of the diagram.

Defendant did not present any evidence. The jury found defendant guilty. The trial court denied defendant’s posttrial motions and sentenced defendant to 10 years’ imprisonment. After the court denied defendant’s timely motion to reconsider the sentence, defendant timely appealed.

Defendant’s sole contention on appeal is that the trial court should not have allowed Hackerson to testify about the ownership of the Blackhawk housing development.

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People v. Thompson, 765 N.E.2d 1203, 327 Ill. App. 3d 1061, 262 Ill. Dec. 595, 2002 Ill. App. LEXIS 162 (Ill. Ct. App. 2002).

765 N.E.2d 1203 (People v. Thompson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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